What Attorneys Need to Know Before Scheduling an Out-of-State Deposition
A practical guide to licensing, notary requirements, and finding qualified coverage across all 50 states
Scheduling a deposition across state lines sounds straightforward until it isn't. The witness is in Texas. Your case is in California. You need a court reporter, an oath administered, and a certified transcript — and suddenly you're navigating a patchwork of state licensing laws, notary requirements, and remote deposition rules that vary dramatically from one jurisdiction to the next.
At Regal Court Reporting, we work with law firms across California and beyond, and out-of-state deposition coverage is one of the most common areas where things go sideways — not because attorneys aren't careful, but because the rules genuinely aren't intuitive. This guide breaks down what you need to know before you schedule.
The Core Question: Who Can Legally Take the Deposition?
In every deposition, someone must be authorized to administer the oath to the witness. Under the Federal Rules of Civil Procedure (FRCP Rule 28), that person must be authorized to administer oaths in the state where the deposition takes place. For state court cases, the rules of that specific state apply.
This is where it gets complicated. 24 states require court reporters to hold a state-issued license or certification to legally take depositions in that jurisdiction. The other states either accept national credentials (like the NCRA's RPR certification) or have no mandatory requirement at all. Knowing which category your witness's state falls into is step one.
States With Mandatory Licensing
The following states require reporters to hold a state-issued credential before they can legally take a deposition or administer an oath:
Alabama — CCR required (Certified Court Reporter)
Arizona — CR required; must pass both RPR and state written exam
Arkansas — CCR required; does not accept RPR directly
California — CSR required; own state exam, firm registration required (SB 241)
Georgia — CCR required; national exam (RPR or NVRA CVR) plus state written exam
Hawaii — CSR required; RPR plus state written exam
Idaho — CSR required
Illinois — CSR required; own exam, RPR not accepted directly
Iowa — CSR required
Kansas — CSR required
Louisiana — CCR required; RPR accepted
Michigan — CSR required
Mississippi — CCR required (see critical note below)
Missouri — CCR required; own exam, RPR not accepted directly
Nevada — CCR required; own exam similar to California
New Hampshire — RPR required
New Jersey — RPR required
New Mexico — CCR required; RPR accepted
Oklahoma — CSR required; own exam
Rhode Island — CSR required; unique practical exam
Tennessee — LCR required; national certification accepted
Texas — CSR required; own exam, RPR not accepted directly
Utah — CCR required; RPR or NVRA CVR accepted
Washington — CCR required; own exam
States Where No License Is Required
In states like Alaska, Colorado (freelance), Connecticut, Delaware, Florida, Indiana, Kentucky, Maine, Maryland, Massachusetts, Minnesota, Montana, New York, North Carolina, Ohio, Oregon, Pennsylvania, South Carolina, Vermont, West Virginia, Wisconsin, and Wyoming, there is no mandatory state license for court reporters taking depositions. However, the reporter still needs to be authorized to administer oaths — which typically means holding a notary commission in that state or qualifying as an officer of the court.
No license requirement does not mean anyone off the street can take your deposition. The reporter must still be legally authorized to administer the oath in the state where the witness is located.
The Notary Question in Remote Depositions
Remote depositions have become standard practice since 2020, and most states have updated their rules to accommodate them. But the rules are not uniform.
Here's a quick breakdown of how states approach remote oath administration:
Most states — Remote oath permitted by stipulation of all parties. The reporter can swear in the witness remotely via audio-video technology.
Mississippi — Critical exception: the oath administrator must be physically located IN Mississippi, even for remote depositions in state cases. Always use a Mississippi-based reporter.
Pennsylvania — Reporter must hold PA Electronic Notary certification to administer remote oaths.
Florida — Statute 117.231 (effective 2022) allows remote oath via A/V; if witness is outside Florida, they can consent to oath from a Florida notary.
Virginia — Favorable rule: the notarial act is deemed performed in Virginia (where the reporter is), not where the witness is located.
Wyoming, Nevada, D.C. — Parties can stipulate on the record that no oath officer is needed at all.
Firm Registration Requirements
Most states regulate individual reporters, not the agencies that deploy them. Two major exceptions:
California: Under SB 241 (effective July 1, 2022), any court reporting firm not wholly owned by a licensed California CSR must register with the Court Reporters Board of California and designate a licensed CSR as Reporter-in-Charge. Always confirm your agency's CRB firm registration number.
Texas: Texas Government Code Chapter 154 requires court reporting firms to register with the Judicial Branch Certification Commission (JBCC). Failure to use a registered firm can affect transcript admissibility.
The UIDDA: Out-of-State Subpoenas Made Easier
The Uniform Interstate Depositions and Discovery Act (UIDDA), adopted by 47 states, the District of Columbia, and the U.S. Virgin Islands, has significantly streamlined the process of compelling out-of-state witness testimony. Before the UIDDA, attorneys needed court orders in both the originating state and the discovery state. Now, a properly issued subpoena from the trial state can be used to obtain a local subpoena in the discovery state without requiring the attorney to appear pro hac vice.
Always verify whether the state where your witness is located has adopted the UIDDA — the Uniform Law Commission maintains a current adoption chart.
Federal Cases: A Different Set of Rules
For depositions taken in connection with federal court cases, FRCP Rule 28 governs. The reporter must be authorized to administer oaths — but in federal proceedings, state licensing requirements do not automatically apply in the same way they do for state court depositions. That said, using a state-licensed reporter in the witness's state is always the safest practice and avoids any admissibility arguments.
Federal courts also generally allow remote depositions with appropriate stipulations, making logistics considerably easier for multi-district and cross-state matters.
Practical Tips for Booking Out-of-State deposition Coverage
Identify the witness's location before booking. The reporter must be licensed or qualified in the state where the witness will physically be at the time of the deposition — not where the case is filed.
Tell your court reporting agency the witness location upfront. A good agency will assign a reporter who is licensed and notarized appropriately for that jurisdiction.
Confirm the reporter's credentials for that state. Ask specifically: Are you licensed in [state]? Do you hold a notary commission there?
Add a stipulation to the record for remote depositions. Even in states that broadly allow remote proceedings, a clear on-record stipulation protects all parties.
Book early. Reporter availability is limited in smaller markets (rural states, smaller cities). The further from a metro area, the earlier you need to be.
A Note on AI-Driven Legal Research
State court reporting laws change frequently. What was accurate six months ago may be out of date today. California alone made significant changes in 2022, 2024, and 2025. We recommend verifying current requirements directly with the relevant state court reporters board or a knowledgeable agency before scheduling any out-of-state deposition.
Regal Court Reporting provides certified deposition coverage in California and can coordinate qualified coverage in all 50 states through our professional network.
Questions about out-of-state coverage? Contact us at regalcourtreporting.com
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